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Alabama Personal Injury LawyersWhy Did I Start A Personal Injury Legal Blog?

Ten years seems like a long time. At my old firm, we were debating our forward path. At least, I was debating it. My former partners did not want to consider the future. I wanted all of us to take active roles in our local and legal communities. I wanted to build a law firm based upon teaching, writing and advocating in our practice area. They were happy with the standard yellow page advertisement. As of 2019, they still advertise in the yellow pages!

I began talking with the people at LexBlog about starting an Alabama personal injury law blog. An outlet for discussing legal issues seemed like a great idea. These discussions led to my first legal blog, Alabama Litigation Review. In the beginning, I wrote sporadically. I waited for inspiration. The wait for inspiration can be a long one! I wrote only when both time and inspiration presented themselves together. I learned that is a big mistake. As Malcolm Gladwell said:

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Blackwell Law Firm -- Helping Alabama Car Accident VictimsFor most of us, cars are an essential part of life. Each morning, we ride to work, to school, or to other activities. We spend much of our lives inside a car on the road.

Most people will live their entire lives without a serious injury. What happens if you do suffer a personal injury? In prior articles, I’ve discussed numerous personal injury topics. If you have questions about medical treatment, insurance, accident claims or the legal process, hopefully you can find some good information on my blog.

Today, I want to discuss a few mistakes you can make right after a serious accident. Every week, I talk to car crash victims where one of these mistakes is a problem issue. Here are seven big mistakes Alabama accident victims often make:

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You just suffered a work-related accident and injury. What are your biggest concerns? If you are like most people, your biggest concerns are healing and paying the bills while healing. You want to return to your normal life as soon as possible. Our work comp system was originally intended to help you with that goal.

Yet, the system has become something different. Unjust delays and denials have become normal. From the start, you are placed in a system that protects the insurance company’s interest over years. Many injured workers have difficulty just seeing a doctor. The insurance company (when the adjuster bothers to return your call) even picks your doctor.

Did the work comp carrier pick you a good doctor? Will the work comp carrier authorize needed medical treatment? Maybe you are worried but hopeful when treatment starts. In some cases, the system runs fairly smoothly. In others, an insurance company adjuster chooses to delay care, deny benefits, or ignore requests.

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Untitled-design-3-300x300JUUL Made False Marketing Claims (To Young Adults)

In September 2019, the Food & Drug Administration (FDA) issued a warning letter to JUUL Labs. The FDA warning letter ordered JUUL to stop marketing its product as safer than cigarettes. The FDA cited testimony that JUUL had been marketing its vaping products as “modified risk tobacco products.” That means, the company claimed its product presented a lower risk of tobacco-related disease or was less harmful than traditional tobacco products. Here’s the real catch — JUUL actually presented at school programs. The Congressional testimony contained evidence of a JUUL representative actually speaking at a school and telling students their product “was much safer than cigarettes.” You can read more about the FDA letter in a Washington Post article titled FDA Blasts JUUL For Illegally Marketing E-Cigarettes As Less Harmful Than Regular Cigarettes.

JUUL Pods Have High Levels Of Nicotine

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Blackwell Law Firm - Huntsville Personal Injury LawyersAlabama remains a car-focused state. Historically, we have been a rural state with few areas where both cars and pedestrians are present. Naturally, most pedestrian injuries occur in the downtown areas of our largest cities or near our college campuses. I have read the research on pedestrian accidents and have prepared several serious pedestrian death cases for trial. I’ve also seen the many lawyer advertisements that beg for calls but provide no substance on these difficult cases. So, here are a few brief observations of mine related to Alabama pedestrian accidents.

Pedestrian Injuries Are Increasing

In a recent tweet, the Insurance Institute for Highway Safety (IIHS) noted that over the last 10 years pedestrian deaths have increased 69% across the United States. The data shows increases in both pedestrian and bicyclist deaths. In its 2017 Alabama Statewide Bicycle and Pedestrian Plan, the Alabama Department of Transportation (ALDOT) recognized the rise in serious accidents:

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Blackwell Law Firm -- Helping The Injured In AlabamaYou suffer a work-related injury. You report the accident. You ask the boss for medical treatment. That’s what you are supposed to do. Now, you expect medical care. It should be “honest” medical care that puts a priority on you — the patient.

Where does your medical care start? Some factories have first aid stations in their facility. Many other businesses use a local “occupational” clinic as a starting point for injured workers. Can you expect “real and honest” medical care at the company clinic? Can you trust the company doctor? Some company nurses and physicians really try to help the injured. But, a few neglect their medical calling. These bad ones work against the injured. They are biased for the company paying them.

A WORK COMP SCANDAL AT TESLA

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Alabama Accident & Injury LawyersHurt on the job? If so, the insurance carrier may look for a reason to deny your claim. One of their favorite reasons (and usually a wrong one) is to claim you had a pre-existing condition. On a weekly basis, we listen to injured workers who were (wrongly) denied benefits by the insurance company. What makes this wrongful denial so bad — Many lawyers advertising for injury cases simply accept the denial and refuse to help their clients. Many times, the insurance company denial is wrong.

How Should We View Workers’ Compensation Benefits In Alabama?

Alabama courts have stated over-and-over again that workers’ compensation benefits are “not limited to those in perfect health.” Of course they are not limited. Working men and women deserve a system that provides medical care and basic benefits following a serious accident. If the system required anyone over the age of 35-40 with a history of heavy labor work to have a perfect back, benefits would be worthless. Nobody would be covered.

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Alabama Work Comp LawyersCase nurses are common in Alabama workers’ compensation cases. Many insurance companies use case nurses to “assist” with medical care.

If you suffered a work-related accident and injury, the work comp process can be challenging. Maybe frustrating is the better word.

Suddenly, you have a serious accident. Your life changes immediately and drastically. When can you return to work? When will you heal? Can you take care of your family? You are hurting and you are worried. Now, you are leaving messages for an insurance adjuster or sitting in waiting rooms simply to see a doctor.

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Blackwell Law Firm helps injured workers across Alabama.I read a disturbing article in the Insurance Journal last week. The title says it all:

$2B Orlando Highway Construction Project Halted After 5th Worker Death

Five separate workplace deaths on one project! One fatal work-related accident is INEXCUSABLE. Five? It’s hard to comprehend. How could one site be so deadly? How could the contractor allow this to happen? Worker deaths from safety issues are ALWAYS inexcusable.

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Commercial-Truck-Accidents-Injuries-300x300I’ve written several articles about truck driver health and fatigue. These are serious safety issues on Alabama roads and highways. All of us have felt uneasy as a big truck zoomed past us on the Interstate. We need truck drivers who are healthy and alert.

Both health and fatigue are related. How? Truck drivers suffer much higher rates of health issues like sleep apnea, diabetes and obesity. These conditions can create problems with sleep, concentration and awareness. My past articles discuss several ways we can improve truck driver health and make our roads safer for all.

Researchers at Ball State University recently published a new study involving sleep and workers. The study is titled Short Sleep Duration in Working American Adults, 2010-2018. What makes the study interesting is that it gathered data over a long period of time.